(8) Filing of Papers During Unscheduled Closings
of the Patent and Trademark Office
When the Patent and Trademark Office is officially closed by Executive
Order of the President or by the Office of Personnel Management for an
entire day because of some unscheduled event, such as adverse weather
conditions, the Patent and Trademark Office will consider that day as a
"federal holiday within the District of Columbia" under 35 U.S.C. 21.
Any action or fee due that day will be considered as timely for the
purposes of, e.g., 35 U.S.C. 119, 133 and 151, if the action is
taken, or fee paid, on the next succeeding business day on which the
Patent and Trademark Office is open.
When the Patent and Trademark Office is open for business during any
part of a business day between 8:30 a.m. and 5:00 p.m., papers are due
on that day even though the Office may be officially closed for some
period of time during the business day because of an unscheduled event.
The procedures of 37 CFR 1.8 or 1.10 may be used, as appropriate, for
the filing of papers. On any day the Office is open for at least part of
the day, papers may also be deposited up to midnight in any boxes which
are provided by the Patent and Trademark Office under 37 CFR 1.6(c).
Information regarding whether or not the Office is officially closed on
any particular day may be obtained by calling (703)-557-INFO.
Nov. 18, 1988 DONALD J. QUIGG
Assistant Secretary and
Commissioner of Patents
and Trademarks
[1097 OG 53]